Law: Medical Colleges (Governing Bodies) Ordinance (XIII of 1961)

Section: 3(1),4,8

  (a) Medical Colleges (Governing Bodies) Ordinance (XIII of 1961),   Ss. 3 (1), 4 & 8---Governing Bodies formed under S. 3 (1) but no Rules as required under S. 8 framed enabling such Bodies to function and discharge their duties--Government, in absence of Rules, competent to formulate policy regulating admission to Colleges under its control.   (b) Admission to College---   Institutions maintained, staffed and financed by Provincial Government-Special enactment providing for formation of Governing Bodies for purpose of policy-making, co-ordination and maintenance of institutions---Such Governing Bodies, though formed, not functioning due to absence of Rules required to be framed by enactment--Government, under circumstances, held, competent to control and guide affairs of institutions including question of admission of students to such institutions----Medical Colleges (Governing Bodies) Ordinance (XIII of 1961), Ss. 3 & 8. (c) Constitution of Pakistan (1962),   Art. 6, Fundamental Rights Nos. 12 (3), 12 (6) & 15---Admission to College---Scheme drawn up making reservation of seats for students' from particular regions-Such classification of students and reservation of seats-Not violative of Fundamental Rights Nos. 12 (3), 12 l6)) or 15 embodied in Constitution if discrimination involved tie not arbitrary or unrelated to object underlying Scheme.   The Government of West Pakistan, for the purpose of admitting students to various Medical Colleges in the Province, issued Instructions embodying a scheme for admission of applicants to first year M.B.B.S. class for session 1964-65. According to the instructions different areas of West Pakistan were tagged to different Medical Colleges and in each College a number of seats were allocated for the Tagged Areas and certain number of seats were reserved for the Areas which were not tagged to the particular College. Two students who were otherwise quali fied for admission failed to secure admission on account of the scheme and as such they filed writ petitions in the High Court. The grievance of the petitioners before the High Court was that due to the scheme of "Tagged…